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Senate Bill 1314

Senate Bill sb1314c1

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    Florida Senate - 2004                           CS for SB 1314

    By the Committee on Commerce, Economic Opportunities, and
    Consumer Services; and Senator Garcia




    310-2281-04

  1                      A bill to be entitled

  2         An act relating to consumer services; creating

  3         a consumer education pilot program within the

  4         Department of Agriculture and Consumer Services

  5         to educate secondary and postsecondary students

  6         about issues concerning consumer protection;

  7         providing for the administration, purpose, and

  8         methods of implementing the pilot program;

  9         requiring a report to the Legislature and

10         recommendations with respect to continuing the

11         pilot program; requiring the Department of

12         Agriculture and Consumer Services to prepare a

13         report and submit recommendations to the

14         Governor and Legislature concerning the state's

15         "no sales solicitation calls" listing;

16         prescribing items to be included as part of the

17         report; amending s. 501.059, F.S.; redefining

18         the term "telephonic sales call" to provide

19         that the term applies to sales of goods or

20         services; redefining the term "consumer goods

21         or services" to remove the term "consumer" and

22         include property used for business purposes;

23         redefining the term "unsolicited telephonic

24         sales call" to replace the word person with

25         consumer; redefining the term "consumer" to

26         reflect the statutory definition of person;

27         redefining the term "merchant" to include the

28         offering of goods and services; requiring a

29         telephone solicitor to identify himself or

30         herself when calling a business; adding a

31         business to those who may subscribe to the "no

                                  1

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1         sales solicitation calls" listing of the

 2         Department of Agriculture and Consumer

 3         Services; adding "business" to those who may

 4         not be called if listed in the department's

 5         published quarterly listing; adding "business"

 6         to those whose numbers must be screened out if

 7         the number is on the department's "no sales

 8         solicitation calls" listing and a telephone

 9         solicitor or person intends to sell consumer

10         information containing that number; amending s.

11         501.143, F.S.; authorizing increased

12         administrative fines and civil penalties for

13         certain violations under the Dance Studio Act

14         against a senior citizen or handicapped person;

15         amending s. 525.09, F.S.; revising reporting

16         requirements related to remittance of petroleum

17         fuel inspection taxes; amending s. 539.001,

18         F.S.; authorizing increased administrative

19         fines and civil penalties for violations under

20         the Florida Pawnbroking Act against a senior

21         citizen or handicapped person; amending s.

22         559.801, F.S.; redefining the term "business

23         opportunity" for the purposes of regulating the

24         sale or lease of business opportunities;

25         amending s. 559.920, F.S.; redefining actions

26         by motor vehicle repair shops or employees

27         which are unlawful; amending s. 559.921, F.S.;

28         authorizing increased administrative fines and

29         civil penalties for certain violations by a

30         motor vehicle repair shop against a senior

31         citizen or handicapped person; amending s.

                                  2

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1         559.928, F.S.; revising information to be

 2         submitted for registration as a seller of

 3         travel and information submitted by independent

 4         agents; amending s. 559.934, F.S.; specifying

 5         that violations of the Florida Sellers of

 6         Travel Act are violations of the Florida

 7         Deceptive and Unfair Trade Practices Act;

 8         amending s. 570.544, F.S.; requiring the

 9         Division of Consumer Services of the Department

10         of Agriculture and Consumer Services to report

11         and offer recommendations to the Commissioner

12         of Agriculture for submission to the

13         Legislature relating to consumer complaints

14         against businesses not regulated by certain

15         state agencies; amending s. 616.242, F.S.;

16         revising conditions under which an amusement

17         ride must be inspected by the Department of

18         Agriculture and Consumer Services; revising

19         schedules for such inspections; amending s.

20         817.568, F.S.; including a deceased individual

21         within the definition of the term "individual"

22         for purposes of provisions prohibiting the

23         unlawful use of personal identification

24         information; prescribing criminal offenses and

25         providing penalties for using personal

26         information of a deceased individual without

27         permission; including the estate of an

28         individual within the definition of the term

29         "victim" for purposes of court-ordered

30         restitution; conforming changes relating to the

31         location where consent to use personal

                                  3

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1         information is given; conforming changes

 2         relating to venue for prosecutions and trials

 3         governing criminal use of personal

 4         identification information; amending s.

 5         849.094, F.S.; redefining the term "operator"

 6         for purposes of the regulation of game

 7         promotions; increasing certain filing fees for

 8         operators of game promotions; revising notice

 9         requirements and filing deadlines for game

10         promotions; reenacting s. 921.0022(3)(d), (e),

11         (h), and (i), F.S., relating to the offense

12         severity ranking chart of the Criminal

13         Punishment Code, to incorporate the amendment

14         to s. 817.568, F.S., in references thereto;

15         prohibiting the marketing and distribution of

16         health-related discount cards under certain

17         conditions; requiring a person who markets or

18         distributes such cards to register with the

19         Department of Financial Services; providing an

20         annual registration fee; requiring designation

21         of an agent for service of process; providing

22         for service of process with the Secretary of

23         State; providing criminal penalties and other

24         remedies; authorizing the Department of

25         Financial Services to adopt rules; providing

26         appropriations; authorizing

27         full-time-equivalent positions within the

28         Department of Agriculture and Consumer

29         Services; providing effective dates.

30  

31  Be It Enacted by the Legislature of the State of Florida:

                                  4

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1         Section 1.  Consumer education pilot program.--

 2         (1)  The Department of Agriculture and Consumer

 3  Services shall develop and implement during the 2004-2005

 4  fiscal year a pilot program to educate secondary and

 5  postsecondary students about consumer protection issues.

 6         (a)  The purpose of the pilot program shall be to

 7  assist students in developing skills to make informed choices

 8  as consumers, as well as in developing an understanding of

 9  their rights and responsibilities as consumers.

10         (b)  The pilot program may address topics including,

11  but not limited to:

12         1.  Purchasing an automobile.

13         2.  Credit cards and other consumer debt.

14         3.  Landlord and tenant relations.

15         4.  Health studios.

16         5.  Home employment opportunities.

17         6.  Identity theft.

18         7.  Credit reporting and scoring.

19         (c)  The pilot program shall be implemented in at least

20  four different regions of the state.

21         (d)  Methods to implement the pilot program may

22  include, but are not limited to:

23         1.  School site visits.

24         2.  Public service announcements.

25         3.  Contests in which students participate.

26         4.  Seminars or similar training sessions.

27         5.  Provision of information using Internet-based

28  applications.

29  

30  

31  

                                  5

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  The department is encouraged to use Internet-based

 2  applications to maximize the number of students who may

 3  participate in the pilot program.

 4         (e)  The department may collaborate with other state

 5  agencies; local government agencies; educational institutions;

 6  or private, not-for-profit consumer organizations to implement

 7  the pilot program.

 8         (2)  By December 1, 2005, the Department of Agriculture

 9  and Consumer Services shall report to the President of the

10  Senate and the Speaker of the House of Representatives on the

11  activities conducted under the pilot program. The report shall

12  include a recommendation on whether to continue the pilot

13  program.

14         Section 2.  The Department of Agriculture and Consumer

15  Services shall prepare a report that evaluates the operation

16  of the state's "no sales solicitation calls" listing,

17  established under section 501.059, Florida Statutes, during

18  the period from November 1, 2003, to November 1, 2004, and

19  assesses the continued viability of the state listing as it

20  has been affected by, among other factors, the federal

21  Do-Not-Call program established through rules of the Federal

22  Trade Commission and the Federal Communications Commission

23  published at 68 Federal Register 4580 and 68 Federal Register

24  44144. The department shall submit the report to the Governor,

25  the President of the Senate, and the Speaker of the House of

26  Representatives by December 1, 2004.

27         (1)  The report must include, at a minimum, the

28  following information, with comparable data for the same

29  period during the prior year:

30         (a)  The number of initial consumer subscriptions and

31  renewal subscriptions to the state listing, and the associated

                                  6

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  fees collected, per month, with an explanation of any factors

 2  that affected consumer subscriptions during the evaluation

 3  period.

 4         (b)  The number of purchases of the state listing by

 5  solicitors and the amount of fees generated from the

 6  purchases.

 7         (c)  The number of complaints received by the

 8  department related to the state listing per month.

 9         (d)  The number of enforcement actions taken by the

10  department per month, the amount of fines imposed per month,

11  and a description of any settlements reached.

12         (2)  The report must also include:

13         (a)  The number of listings of Florida consumers

14  registered with the federal Do-Not-Call program which have

15  been downloaded by the department and subscribed to the state

16  listing, as well as the number of listings uploaded to the

17  federal program, and a description of any impediments the

18  department experienced in this process.

19         (b)  A description of any activities by the department

20  related to enforcement of the federal Do-Not-Call program.

21         (c)  If telephone numbers of Florida consumers

22  registered with the federal Do-Not-Call program have been

23  downloaded to the state listing, an evaluation of whether

24  those consumers have filed complaints with the department,

25  and, if so, the nature of those complaints and what action, if

26  any, was taken by the department to address those complaints.

27         (d)  The status of litigation involving the federal

28  program and an evaluation of the litigation's effect on the

29  department's management of the state listing.

30         (e)  A recommendation of whether it is feasible to

31  continue operation of the state listing based upon, among

                                  7

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  other factors, the effects of the federal program; the

 2  associated litigation; and the amount of revenue collected

 3  from subscriptions, renewals, solicitor fees, and enforcement

 4  actions. If the report recommends the continued operation of

 5  the state listing, the report must also include a

 6  recommendation of, and rationale for, the resources necessary

 7  for the department to continue to manage the listing at its

 8  current level of consumer protection.

 9         (f)  A description of how the federal program's

10  preemption of less restrictive state exemptions affects any

11  exemptions allowed under the state's "no sales solicitation

12  calls" listing and a recommendation of legislative action, if

13  any, which may be necessary to address this issue.

14         (g)  Any additional information that the department

15  believes will be useful to the Legislature in evaluating the

16  state listing and any potential changes to the state listing.

17         Section 3.  Section 501.059, Florida Statutes, is

18  amended to read:

19         501.059  Telephone solicitation.--

20         (1)  As used in this section:

21         (a)  "Telephonic sales call" means a call made by a

22  telephone solicitor to a consumer, for the purpose of

23  soliciting a sale of any consumer goods or services, or for

24  the purpose of soliciting an extension of credit for consumer

25  goods or services, or for the purpose of obtaining information

26  that will or may be used for the direct solicitation of a sale

27  of consumer goods or services or an extension of credit for

28  such purposes.

29         (b)  "Consumer Goods or services" means any real

30  property or any tangible or intangible personal property which

31  is normally used for personal, family, or household, or

                                  8

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  business purposes, including, without limitation, any such

 2  property intended to be attached to or installed in any real

 3  property without regard to whether it is so attached or

 4  installed, as well as cemetery lots and timeshare estates, and

 5  any services related to such property.

 6         (c)  "Unsolicited telephonic sales call" means a

 7  telephonic sales call other than a call made:

 8         1.  In response to an express request of the consumer

 9  person called;

10         2.  Primarily in connection with an existing debt or

11  contract, payment or performance of which has not been

12  completed at the time of such call;

13         3.  To any consumer person with whom the telephone

14  solicitor has a prior or existing business relationship; or

15         4.  By a newspaper publisher or his or her agent or

16  employee in connection with his or her business.

17         (d)  "Commission" means the Florida Public Service

18  Commission.

19         (e)  "Telephone solicitor" means any natural person,

20  firm, organization, partnership, association, or corporation,

21  or a subsidiary or affiliate thereof, doing business in this

22  state, who makes or causes to be made a telephonic sales call,

23  including, but not limited to, calls made by use of automated

24  dialing or recorded message devices.

25         (f)  "Consumer" means a person as defined in s. 1.01

26  who is an actual or prospective purchaser, lessee, or

27  recipient of consumer goods or services.

28         (g)  "Merchant" means a person who, directly or

29  indirectly, offers or makes available to consumers any

30  consumer goods or services.

31  

                                  9

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1         (h)  "Doing business in this state" refers to

 2  businesses who conduct telephonic sales calls from a location

 3  in Florida or from other states or nations to consumers

 4  located in this state Florida.

 5         (i)  "Department" means the Department of Agriculture

 6  and Consumer Services.

 7         (2)  Any telephone solicitor who makes an unsolicited

 8  telephonic sales call to a residential, business, mobile, or

 9  telephonic paging device telephone number must shall identify

10  himself or herself by his or her true first and last names and

11  the business on whose behalf he or she is soliciting

12  immediately upon making contact by telephone with the consumer

13  person who is the object of the telephone solicitation.

14         (3)(a)  Any residential, business, mobile, or

15  telephonic paging device telephone subscriber desiring to be

16  placed on a "no sales solicitation calls" listing indicating

17  that the subscriber does not wish to receive unsolicited

18  telephonic sales calls may notify the department and be placed

19  on that listing upon receipt by the department of a $10

20  initial listing charge.  This listing shall be renewed by the

21  department annually for each subscriber consumer upon receipt

22  of a renewal notice and a $5 assessment.

23         (b)  The department shall update its "no sales

24  solicitation calls" listing upon receipt of initial consumer

25  subscriptions or renewals and provide this listing for a fee

26  to telephone solicitors upon request.

27         (c)  All fees imposed under pursuant to this section

28  shall be deposited in the General Inspection Trust Fund for

29  the administration of this section.

30         (4)  A No telephone solicitor may not shall make or

31  cause to be made any unsolicited telephonic sales call to any

                                  10

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  residential, business, mobile, or telephonic paging device

 2  telephone number if the number for that telephone appears in

 3  the then-current quarterly listing published by the

 4  department.  Any telephone solicitor or person who offers for

 5  sale any consumer information which includes residential,

 6  business, mobile, or telephonic paging device telephone

 7  numbers, except directory assistance and telephone directories

 8  sold by telephone companies and organizations exempt under s.

 9  501(c)(3) or (6) of the Internal Revenue Code, must shall

10  screen and exclude those numbers which appear on the

11  division's then-current "no sales solicitation calls" list.

12  This subsection does not apply to any person licensed under

13  pursuant to chapter 475 who calls an actual or prospective

14  seller or lessor of real property when the such call is made

15  in response to a yard sign or other form of advertisement

16  placed by the seller or lessor.

17         (5)(a)  A contract made through pursuant to a

18  telephonic sales call is not valid or and enforceable against

19  a consumer unless the made in compliance with this subsection.

20         (b)  A contract made pursuant to a telephonic sales

21  call:

22         (a)1.  Is Shall be reduced to writing and signed by the

23  consumer.

24         (b)2.  Complies Shall comply with all other applicable

25  laws and rules.

26         (c)3.  Matches Shall match the description of goods or

27  services as principally used in the telephone solicitations.

28         (d)4.  Contains Shall contain the name, address, and

29  telephone number of the seller, the total price of the

30  contract, and a detailed description of the goods or services

31  being sold.

                                  11

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    Florida Senate - 2004                           CS for SB 1314
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 1         (e)5.  Contains Shall contain, in bold, conspicuous

 2  type, immediately preceding the signature, the following

 3  statement:

 4         "You are not obligated to pay any money unless you sign

 5  this contract and return it to the seller."

 6         (f)6.  Does May not exclude from its terms any oral or

 7  written representations made by the telephone solicitor to the

 8  consumer in connection with the transaction.

 9         (c)  The provisions of

10  

11  This subsection does do not apply to contractual sales

12  regulated under other sections of the Florida Statutes, or to

13  the sale of financial services, security sales, or sales

14  transacted by companies or their wholly owned subsidiaries or

15  agents, which companies are regulated by chapter 364, or to

16  the sale of cable television services to the duly franchised

17  cable television operator's existing subscribers within that

18  cable television operator's franchise area, or to any sales

19  where no prior payment is made to the merchant and an invoice

20  accompanies the goods or services allowing the consumer 7 days

21  to cancel or return without obligation for any payment.

22         (6)(a)  A merchant who engages a telephone solicitor to

23  make or cause to be made a telephonic sales call may shall not

24  make or submit any charge to the consumer's credit card

25  account or make or cause to be made any electronic transfer of

26  funds until after the merchant receives from the consumer a

27  copy of the contract, signed by the purchaser, which complies

28  with this section.

29         (b)  A merchant who conducts a credit card account

30  transaction under pursuant to this section is shall be subject

31  to the provisions of s. 817.62.

                                  12

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1         (c)  The provisions of This subsection does do not

 2  apply to a transaction:

 3         1.  Made in accordance with prior negotiations in the

 4  course of a visit by the consumer to a merchant operating a

 5  retail business establishment which has a fixed permanent

 6  location and where consumer goods are displayed or offered for

 7  sale on a continuing basis;

 8         2.  In which the consumer may obtain a full refund for

 9  the return of undamaged and unused goods or a cancellation of

10  services notice to the seller within 7 days after receipt by

11  the consumer, and the seller will process the refund within 30

12  days after receipt of the returned merchandise by the

13  consumer;

14         3.  In which the consumer purchases goods or services

15  as part of pursuant to an examination of a television, radio,

16  or print advertisement or a sample, brochure, or catalog of

17  the merchant that contains:

18         a.  The name, address, and telephone number of the

19  merchant;

20         b.  A description of the goods or services being sold;

21  and

22         c.  Any limitations or restrictions that apply to the

23  offer; or

24         4.  In which the merchant is a bona fide charitable

25  organization or a newspaper as defined in chapter 50.

26         (7)(a)  A No person may not shall make or knowingly

27  allow a telephonic sales call to be made if the such call

28  involves an automated system for the selection or dialing of

29  telephone numbers or the playing of a recorded message when a

30  connection is completed to a number called.

31  

                                  13

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    Florida Senate - 2004                           CS for SB 1314
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 1         (b)  This section does not prohibit Nothing herein

 2  prohibits the use of an automated telephone dialing system

 3  with live messages if the calls are made or messages given

 4  solely in response to calls initiated by the persons to whom

 5  the automatic calls or live messages are directed or if the

 6  telephone numbers selected for automatic dialing have been

 7  screened to exclude any telephone subscriber who is included

 8  on the department's then-current "no sales solicitation calls"

 9  listing or any unlisted telephone number, or if the calls made

10  concern goods or services that have been previously ordered or

11  purchased.

12         (8)  The department shall investigate any complaints

13  received concerning violations of this section.  If, after

14  investigating any complaint, the department finds that there

15  has been a violation of this section, the department or the

16  Department of Legal Affairs may bring an action to impose a

17  civil penalty and to seek other relief, including injunctive

18  relief, as the court deems appropriate against the telephone

19  solicitor.  The civil penalty shall not exceed $10,000 per

20  violation and shall be deposited in the General Inspection

21  Trust Fund if the action or proceeding was brought by the

22  department, or the Legal Affairs Revolving Trust Fund if the

23  action or proceeding was brought by the Department of Legal

24  Affairs. This civil penalty may be recovered in any action

25  brought under this part by the department, or the department

26  may terminate any investigation or action upon agreement by

27  the person to pay a stipulated civil penalty.  The department

28  or the court may waive any civil penalty if the person has

29  previously made full restitution or reimbursement or has paid

30  actual damages to the consumers who have been injured by the

31  violation.

                                  14

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    Florida Senate - 2004                           CS for SB 1314
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 1         (9)(a)  In any civil litigation resulting from a

 2  transaction involving a violation of this section, the

 3  prevailing party, after judgment in the trial court and

 4  exhaustion of all appeals, if any, shall receive his or her

 5  reasonable attorney's fees and costs from the nonprevailing

 6  party.

 7         (b)  The attorney for the prevailing party shall submit

 8  a sworn affidavit of his or her time spent on the case and his

 9  or her costs incurred for all the motions, hearings, and

10  appeals to the trial judge who presided over the civil case.

11         (c)  The trial judge shall award the prevailing party

12  the sum of reasonable costs incurred in the action plus a

13  reasonable legal fee for the hours actually spent on the case

14  as sworn to in an affidavit.

15         (d)  Any award of attorney's fees or costs shall become

16  a part of the judgment and subject to execution as the law

17  allows.

18         (e)  In any civil litigation initiated by the

19  department or the Department of Legal Affairs, the court may

20  award to the prevailing party reasonable attorney's fees and

21  costs if the court finds that there was a complete absence of

22  a justiciable issue of either law or fact raised by the losing

23  party or if the court finds bad faith on the part of the

24  losing party.

25         (10)  The commission shall by rule ensure that

26  telecommunications companies inform their customers of the

27  provisions of this section.  The notification may be made by:

28         (a)  Annual inserts in the billing statements mailed to

29  customers; and

30         (b)  Conspicuous publication of the notice in the

31  consumer information pages of the local telephone directories.

                                  15

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    Florida Senate - 2004                           CS for SB 1314
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 1         Section 4.  Effective October 1, 2004, subsection (7)

 2  of section 501.143, Florida Statutes, is amended, and

 3  subsections (4) and (6) of that section are reenacted, to

 4  read:

 5         501.143  Dance Studio Act.--

 6         (4)  CONTRACT REQUIREMENTS.--Every contract for

 7  ballroom dance studio services or lessons shall be in writing

 8  and shall be subject to this section.  All provisions,

 9  requirements, and prohibitions which are mandated by this

10  section shall be contained in the written contract before it

11  is signed by the customer.  A copy of the signed contract

12  shall be given to the customer at the time the customer signs

13  the contract.

14         (a)  Every contract for ballroom dance studio services

15  or lessons shall set forth the customer's total payment

16  obligation for services or lessons to be received pursuant to

17  the contract and shall contain a written statement of the

18  hourly or lesson rate charged for each type of lesson for

19  which the customer has contracted.

20         (b)  If the contract includes ballroom dance studio

21  lessons which are sold at different hourly or lesson rates,

22  the contract shall contain separate hourly or lesson rates for

23  each different type of lesson sold.

24         (c)  If the contract for dance studio services or

25  lessons calls for payment in installments, the studio shall

26  comply with all the provisions of the Retail Installment Sales

27  Act, part II of chapter 520.

28         (d)  All charges for dance studio services or lessons

29  for which the customer has contracted which are not capable of

30  an hourly rate shall be set forth in writing in specific

31  terms.

                                  16

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    Florida Senate - 2004                           CS for SB 1314
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 1         (e)  Every ballroom dance studio to which this section

 2  applies shall keep a copy of each contract for dance studio

 3  services or lessons on file for as long as the contract is in

 4  effect and for a period of 2 years thereafter.

 5         (f)  Every contract for the sale of future dance studio

 6  services or lessons which are paid for in advance or which the

 7  buyer agrees to pay for in future installment payments shall

 8  be in writing and shall contain in boldfaced type, under

 9  conspicuous caption, contractual provisions to the contrary

10  notwithstanding, the following:

11         1.  A provision for the penalty-free cancellation of

12  the contract within 3 days, exclusive of holidays and

13  weekends, of its making, upon the mailing or delivery of

14  written notice to the ballroom dance studio.  Written notice

15  may be construed as any written expression of the customer to

16  not be bound by the contract. The ballroom dance studio shall

17  refund upon such notice all moneys paid under the contract

18  except the amount for ballroom dance studio services or

19  lessons actually rendered or to have been rendered, by

20  contract, during the number of days prior to the cancellation

21  notice.  A refund shall be issued within 20 days after receipt

22  of the notice of cancellation made within the 3-day notice.

23         2.  A provision for the cancellation of the contract,

24  if the buyer dies or becomes physically or mentally unable to

25  avail himself or herself of the dance studio lessons or

26  services or if the lessons or services cease to be offered as

27  stated in the contract, after 3 business days of its making

28  and release from further payments upon notice of cancellation.

29  After 3 business days the studio shall charge only for the

30  dance instruction and dance instruction services actually

31  furnished under the agreement plus a reasonable and fair

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 1  service fee.  The studio shall refund the balance in three

 2  equal monthly installments, to be completed within not more

 3  than 90 days after receiving notice of cancellation.

 4         3.  Any provision in a dance contract, certificate,

 5  dance package, or brochure or other material from a dance

 6  studio that purports to waive, limit, restrict, or avoid any

 7  of the duties, obligations, or prescriptions of the dance

 8  studio, as provided in this section, is void and unenforceable

 9  and against public policy, unless it is necessitated by

10  contractual arrangements with suppliers and fully disclosed.

11         (g)  A contract for ballroom dance studio services or

12  lessons may not be for a period in excess of 36 months and,

13  thereafter, is only renewable annually. Such renewal contracts

14  may not be executed nor may the fee therefor be paid until 60

15  days or less before the preceding contract expires.

16         (h)  A ballroom dance studio may not, directly or

17  indirectly, make an oral or written representation that a

18  ballroom dance studio contract for future services is for a

19  lifetime, constitutes a perpetual membership, or is otherwise

20  for an indefinite term.

21         (6)  PROHIBITED PRACTICES.--It is a violation of this

22  section for any person:

23         (a)  To conduct business as a ballroom dance studio

24  without registering annually with the department.

25         (b)  Knowingly to make any false statement,

26  representation, or certification in any application or

27  registration form required by department rule.

28         (c)  Knowingly to violate or fail to comply with any

29  rule or order adopted or issued by the department pursuant to

30  its lawful authority in carrying out the intent of this

31  section.

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 1         (d)  To represent, directly or by implication, that a

 2  specified number of dance studio lessons or a dance studio

 3  service will be furnished, unless the bona fide lessons or

 4  service is in fact furnished as represented.

 5         (e)  To refuse to honor the terms and provisions of any

 6  offer or promise.

 7         (f)  To use any of the following or similar techniques

 8  or practices to mislead, coerce, or induce the purchase of

 9  dance studio lessons or dance studio services:

10         1.  Requesting any customer to sign an uncompleted

11  contract or agreement;

12         2.  Misrepresenting to any customer what is or will be

13  due or payable;

14         3.  Using any single day "relay salesmanship" or

15  consecutive sales talks with more than one representative,

16  with or without the use of hidden listening devices;

17         4.  Falsely assuring or representing to any customer

18  that a given course of dance studio lessons will enable him or

19  her to achieve a given standard of dancing proficiency;

20         5.  Representing in any manner that a dancing

21  instructor or job is obtainable at a studio or misrepresenting

22  what such an instructor will be paid; or

23         6.  Using any analyses, tests, studio competitions, or

24  other artifices purportedly designed to evaluate dancing

25  ability, progress, or proficiency when the artifices are not

26  so designed or so used.

27  

28  The department may employ investigators and conduct

29  investigations of violations of this section.

30  

31  

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 1         (7)  PENALTIES; REMEDIES.--The following penalties and

 2  remedies are available for enforcement of the provisions of

 3  this section:

 4         (a)  The department shall have administrative authority

 5  to issue a notice of noncompliance pursuant to s. 120.695 and

 6  to suspend or revoke the registration of any ballroom dance

 7  studio that violates any of the provisions of this section or

 8  the rules adopted or orders issued pursuant to such rules.

 9  Such ballroom dance studio may not engage in business while

10  the registration is revoked or suspended.

11         (b)  The department may impose an administrative fine

12  not to exceed $5,000 per violation against any ballroom dance

13  studio that violates any of the provisions of this section or

14  the rules adopted or orders issued pursuant to this section.

15  If the violation relates to a practice prohibited under

16  subsection (6) or a contract requirement under subsection (4)

17  and the individual affected by the violation is a senior

18  citizen or handicapped person as defined in s. 501.2077, the

19  department may impose an administrative fine not to exceed

20  $15,000 per violation.

21         (c)  Notwithstanding the provisions of subsection (5),

22  the department may require any ballroom dance studio that has

23  operated or is operating in violation of any of the provisions

24  of this section or the rules adopted or orders issued pursuant

25  to such rules to post security with the department in an

26  amount not to exceed $25,000.

27         (d)  The department may proceed by injunction to

28  prevent any ballroom dance studio from doing business subject

29  to the provisions of this section until a performance bond,

30  letter of credit, or certificate of deposit is posted with the

31  department.

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 1         (e)  The enforcing authority may seek a civil penalty

 2  not to exceed $5,000 for each violation of this section or the

 3  rules adopted or orders issued pursuant to such rules and may

 4  institute a civil action in circuit court to recover any

 5  penalties or damages allowed in this section and for

 6  injunctive relief to enforce compliance with this section or

 7  any rule or order of the department. If the violation relates

 8  to a practice prohibited under subsection (6) or a contract

 9  requirement under subsection (4) and the individual affected

10  by the violation is a senior citizen or handicapped person as

11  defined in s. 501.2077, the enforcing authority may seek a

12  civil penalty not to exceed $15,000 for each violation.

13         (f)  The remedies provided in this section are in

14  addition to any other remedies available for the same conduct.

15         Section 5.  Effective October 1, 2004, section 525.09,

16  Florida Statutes, is amended to read:

17         525.09  Inspection fee.--

18         (1)  For the purpose of defraying the expenses incident

19  to inspecting, testing, and analyzing petroleum fuels in this

20  state, there shall be paid to the department a charge of

21  one-eighth cent per gallon on all gasoline, kerosene (except

22  when used as aviation turbine fuel), and #1 fuel oil for sale

23  or use in this state.  This inspection fee shall be imposed in

24  the same manner as the motor fuel tax pursuant to s. 206.41.

25  Payment shall be made on or before the 25th day of each month.

26         (2)  If any company fails to make the payment herein

27  provided on or before the 25th day of each month, the

28  department may add 10 percent to the amount of such taxes

29  already due as a penalty for failure of the company to make

30  the report and payment by the 25th day of each month.  The

31  department shall proceed to collect the tax, together with all

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 1  costs incident to collection by the same methods as other

 2  delinquent taxes are collected by law.

 3         (3)  All remittances to the department for the

 4  inspection tax herein provided shall be accompanied by a

 5  detailed report under oath showing the number of gallons of

 6  gasoline, kerosene, or fuel oil sold and delivered in each

 7  county.

 8         (4)  No inspection fee shall be charged on petroleum

 9  fuels unloaded in any of the Florida ports for shipment into

10  other states.

11         Section 6.  Effective October 1, 2004, subsection (7)

12  of section 539.001, Florida Statutes, is amended to read:

13         539.001  The Florida Pawnbroking Act.--

14         (7)  ORDERS IMPOSING PENALTIES.--

15         (a)  The agency may enter an order imposing one or more

16  of the penalties set forth in paragraph (b) if the agency

17  finds that a pawnbroker:

18         1.  Violated or is operating in violation of any of the

19  provisions of this section or of the rules adopted or orders

20  issued thereunder;

21         2.  Made a material false statement in any application,

22  document, or record required to be submitted or retained under

23  this section;

24         3.  Refused or failed, or any of its principal officers

25  has refused or failed, after notice, to produce any document

26  or records or disclose any information required to be produced

27  or disclosed under this section or the rules of the agency;

28         4.  Made a material false statement in response to any

29  request or investigation by the agency, the Department of

30  Legal Affairs, or the state attorney; or

31  

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 1         5.  Has intentionally defrauded the public through

 2  dishonest or deceptive means.

 3         (b)  Upon a finding as set forth in paragraph (a), the

 4  agency may enter an order doing one or more of the following:

 5         1.  Issuing a notice of noncompliance pursuant to s.

 6  120.695.

 7         2.  Imposing an administrative fine not to exceed

 8  $5,000, or not to exceed $15,000 in the case of a violation

 9  against a senior citizen or handicapped person as defined in

10  s. 501.2077, for each act that which constitutes a violation

11  of this section or a rule or an order.

12         3.  Directing that the pawnbroker cease and desist

13  specified activities.

14         4.  Refusing to license or revoking or suspending a

15  license.

16         5.  Placing the licensee on probation for a period of

17  time, subject to such conditions as the agency may specify.

18         (c)  The administrative proceedings which could result

19  in the entry of an order imposing any of the penalties

20  specified in paragraph (b) are governed by chapter 120.

21         (d)1.  When the agency, if a violation of this section

22  occurs, has reasonable cause to believe that a person is

23  operating in violation of this section, the agency may bring a

24  civil action in the appropriate court for temporary or

25  permanent injunctive relief and may seek other appropriate

26  civil relief, including a civil penalty not to exceed $5,000,

27  or not to exceed $15,000 in the case of a violation against a

28  senior citizen or handicapped person as defined in s.

29  501.2077, for each violation, restitution and damages for

30  injured customers, court costs, and reasonable attorney's

31  fees.

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 1         2.  The agency may terminate any investigation or

 2  action upon agreement by the offender to pay a stipulated

 3  civil penalty, to make restitution or pay damages to

 4  customers, or to satisfy any other relief authorized herein

 5  and requested by the agency.

 6         (e)  The remedies provided for in this subsection shall

 7  be in addition to any other remedy provided by law.

 8         Section 7.  Effective October 1, 2004, subsection (1)

 9  of section 559.801, Florida Statutes, is amended to read:

10         559.801  Definitions.--For the purpose of ss.

11  559.80-559.815, the term:

12         (1)(a)  "Business opportunity" means the sale or lease

13  of any products, equipment, supplies, or services which are

14  sold or leased to a purchaser to enable the purchaser to start

15  a business for which the purchaser is required to pay an

16  initial fee or sum of money which exceeds $500 to the seller,

17  and in which the seller represents:

18         1.  That the seller or person or entity affiliated with

19  or referred by the seller will provide locations, either

20  contemporaneously at the time of the sale or lease or at a

21  future time, or assist the purchaser in finding locations for

22  the use or operation of vending machines, racks, display

23  cases, currency or card operated equipment, or other similar

24  devices or currency-operated amusement machines or devices on

25  premises neither owned nor leased by the purchaser or seller;

26         2.  That the seller will purchase, either

27  contemporaneously at the time of the sale or lease or at a

28  future time, any or all products made, produced, fabricated,

29  grown, bred, or modified by the purchaser using in whole or in

30  part the supplies, services, or chattels sold to the

31  purchaser;

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 1         3.  That the seller guarantees that the purchaser will

 2  derive income from the business opportunity which exceeds the

 3  price paid or rent charged for the business opportunity or

 4  that the seller will refund all or part of the price paid or

 5  rent charged for the business opportunity, or will repurchase

 6  any of the products, equipment, supplies, or chattels supplied

 7  by the seller, if the purchaser is unsatisfied with the

 8  business opportunity; or

 9         4.  That the seller will provide, either

10  contemporaneously at the time of the sale or lease or at a

11  future time, a sales program or marketing program that will

12  enable the purchaser to derive income from the business

13  opportunity, except that this paragraph does not apply to the

14  sale of a sales program or marketing program made in

15  conjunction with the licensing of a trademark or service mark

16  that is registered under the laws of any state or of the

17  United States if the seller requires use of the trademark or

18  service mark in the sales agreement.

19  

20  For the purpose of subparagraph 1., the term "assist the

21  purchaser in finding locations" means, but is not limited to,

22  supplying the purchaser with names of locator companies,

23  contracting with the purchaser to provide assistance or supply

24  names, or collecting a fee on behalf of or for a locator

25  company.

26         (b)  "Business opportunity" does not include:

27         1.  The sale of ongoing businesses when the owner of

28  those businesses sells and intends to sell only those business

29  opportunities so long as those business opportunities to be

30  sold are no more than five in number;

31  

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 1         2.  The not-for-profit sale of sales demonstration

 2  equipment, materials, or samples for a price that does not

 3  exceed $500 or any sales training course offered by the seller

 4  the cost of which does not exceed $500; or

 5         3.  The sale or lease of laundry and drycleaning

 6  equipment.

 7         Section 8.  Effective October 1, 2004, section 559.920,

 8  Florida Statutes, is amended to read:

 9         559.920  Unlawful acts and practices.--It shall be a

10  violation of this act for any motor vehicle repair shop or

11  employee thereof to:

12         (1)  Engage or attempt to engage in repair work for

13  compensation of any type without first being registered with

14  or having submitted an affidavit of exemption to the

15  department;

16         (2)  Make or charge for repairs which have not been

17  expressly or impliedly authorized by the customer;

18         (3)  Misrepresent that repairs have been made to a

19  motor vehicle;

20         (4)  Misrepresent that certain parts and repairs are

21  necessary to repair a vehicle;

22         (5)  Misrepresent that the vehicle being inspected or

23  diagnosed is in a dangerous condition or that the customer's

24  continued use of the vehicle may be harmful or cause great

25  damage to the vehicle;

26         (6)  Fraudulently alter any customer contract,

27  estimate, invoice, or other document;

28         (7)  Fraudulently misuse any customer's credit card;

29         (8)  Make or authorize in any manner or by any means

30  whatever any written or oral statement which is untrue,

31  deceptive or misleading, and which is known, or which by the

                                  26

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 1  exercise of reasonable care should be known, to be untrue,

 2  deceptive or misleading;

 3         (9)  Make false promises of a character likely to

 4  influence, persuade, or induce a customer to authorize the

 5  repair, service, or maintenance of a motor vehicle;

 6         (10)  Substitute used, rebuilt, salvaged, or

 7  straightened parts for new replacement parts without notice to

 8  the motor vehicle owner and to her or his insurer if the cost

 9  of repair is to be paid pursuant to an insurance policy and

10  the identity of the insurer or its claims adjuster is

11  disclosed to the motor vehicle repair shop;

12         (11)  Cause or allow a customer to sign any work order

13  that does not state the repairs requested by the customer or

14  the automobile's odometer reading at the time of repair;

15         (12)  Fail or refuse to give to a customer a copy of

16  any document requiring the customer's signature upon

17  completion or cancellation of the repair work;

18         (13)  Willfully depart from or disregard accepted

19  practices and professional standards;

20         (14)  Have repair work subcontracted without the

21  knowledge or consent of the customer unless the motor vehicle

22  repair shop or employee thereof demonstrates that the customer

23  could not reasonably have been notified;

24         (15)  Conduct the business of motor vehicle repair in a

25  location other than that stated on the registration

26  certificate;

27         (16)  Rebuild or restore a rebuilt vehicle without the

28  knowledge of the owner in such a manner that it does not

29  conform to the original vehicle manufacturer's established

30  repair procedures or specifications and allowable tolerances

31  for the particular model and year; or

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 1         (17)  Perform any other act that is a violation of this

 2  part or that constitutes fraud or misrepresentation.

 3         Section 9.  Effective October 1, 2004, subsections (4)

 4  and (5) of section 559.921, Florida Statutes, are amended to

 5  read:

 6         559.921  Remedies.--

 7         (4)(a)  The department may enter an order imposing one

 8  or more of the penalties set forth in paragraph (b) if the

 9  department finds that a motor vehicle repair shop:

10         1.  Violated or is operating in violation of any of the

11  provisions of this part or of the rules adopted or orders

12  issued thereunder;

13         2.  Made a material false statement in any application,

14  document, or record required to be submitted or retained under

15  this part;

16         3.  Refused or failed, or any of its principal officers

17  have refused or failed, after notice, to produce any document

18  or record or disclose any information required to be produced

19  or disclosed under this part or the rules of the department;

20         4.  Made a material false statement in response to any

21  request or investigation by the department, the Department of

22  Legal Affairs, or the state attorney; or

23         5.  Has intentionally defrauded the public through

24  dishonest or deceptive means.

25         (b)  Upon a finding as set forth in paragraph (a), the

26  department may enter an order doing one or more of the

27  following:

28         1.  Issuing a notice of noncompliance pursuant to s.

29  120.695.

30         2.  Imposing an administrative fine not to exceed

31  $1,000 per violation for each act that which constitutes a

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 1  violation of this part or a rule or order, or not to exceed

 2  $15,000 for each such violation against a senior citizen or

 3  handicapped person as defined in s. 501.2077 which results in

 4  a finding under subparagraph (a)5.

 5         3.  Directing that the motor vehicle repair shop cease

 6  and desist specified activities.

 7         4.  Refusing to register or revoking or suspending a

 8  registration.

 9         5.  Placing the registrant on probation for a period of

10  time, subject to such conditions as the department may

11  specify.

12         (c)  The administrative proceedings which could result

13  in the entry of an order imposing any of the penalties

14  specified in paragraph (b) shall be conducted in accordance

15  with chapter 120.

16         (5)(a)  The department or the state attorney, if a

17  violation of this part occurs in his or her judicial circuit,

18  shall be the enforcing authority for purposes of this part and

19  may bring a civil action in circuit court for temporary or

20  permanent injunctive relief and may seek other appropriate

21  civil relief, including a civil penalty not to exceed $1,000

22  for each violation, or not to exceed $15,000 for each

23  violation against a senior citizen or handicapped person as

24  defined in s. 501.2077 which results in a finding under

25  subparagraph (4)(a)5.; restitution and damages for injured

26  customers;, court costs;, and reasonable attorney's fees.

27         (b)  The enforcing authority may terminate any

28  investigation or action upon agreement by the offender to pay

29  a stipulated civil penalty, to make restitution or pay damages

30  to customers, or to satisfy any other relief authorized herein

31  and requested by the department.

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 1         Section 10.  Effective October 1, 2004, subsections (1)

 2  and (3) of section 559.928, Florida Statutes, are amended to

 3  read:

 4         559.928  Registration.--

 5         (1)  Each seller of travel shall annually register with

 6  the department, providing: its legal business or trade name,

 7  mailing address, and business locations; the full names,

 8  addresses, and telephone numbers, and social security numbers

 9  of its owners or corporate officers and directors and the

10  Florida agent of the corporation; a statement whether it is a

11  domestic or foreign corporation, its state and date of

12  incorporation, its charter number, and, if a foreign

13  corporation, the date it registered with the State of Florida,

14  and occupational license where applicable; the date on which a

15  seller of travel registered its fictitious name if the seller

16  of travel is operating under a fictitious or trade name; the

17  name of all other corporations, business entities, and trade

18  names through which each owner of the seller of travel

19  operated, was known, or did business as a seller of travel

20  within the preceding 5 years; a list of all authorized

21  independent agents, including the agent's trade name, full

22  name, mailing address, business address, telephone numbers,

23  and social security number; the business location and address

24  of each branch office and full name and address of the manager

25  or supervisor; and proof of purchase of adequate bond or

26  establishment of a letter of credit or certificate of deposit

27  as required in this part.  A certificate evidencing proof of

28  registration shall be issued by the department and must be

29  prominently displayed in the seller of travel's primary place

30  of business.

31  

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 1         (3)  Each independent agent shall annually file an

 2  affidavit with the department prior to engaging in business in

 3  this state. This affidavit must include the independent

 4  agent's full name, legal business or trade name, mailing

 5  address, business address, and telephone number, social

 6  security number, and the name or names and addresses of each

 7  seller of travel represented by the independent agent and must

 8  be accompanied by a copy of the independent agent's current

 9  contract with each seller of travel. A letter evidencing proof

10  of filing must be issued by the department and must be

11  prominently displayed in the independent agent's primary place

12  of business.  As used in this subsection, the term

13  "independent agent" means a person who represents a seller of

14  travel by soliciting persons on its behalf; who has a written

15  contract with a seller of travel which is operating in

16  compliance with this part and any rules adopted thereunder;

17  who does not receive a fee, commission, or other valuable

18  consideration directly from the purchaser for the seller of

19  travel; who does not at any time have any unissued ticket

20  stock or travel documents in his or her possession; and who

21  does not have the ability to issue tickets, vacation

22  certificates, or any other travel document.  The term

23  "independent agent" does not include an affiliate of the

24  seller of travel, as that term is used in s. 559.935(3), or

25  the employees of the seller of travel or of such affiliates.

26         Section 11.  Section 559.934, Florida Statutes, is

27  amended to read:

28         559.934  Deceptive and unfair trade practice.--Acts,

29  conduct, practices, omissions, failings, misrepresentations,

30  or nondisclosures that which constitute a violation of this

31  part also constitute a deceptive and unfair trade practice for

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 1  the purpose of ss. 501.201-501.213, the Florida Deceptive and

 2  Unfair Trade Practices Act, s. 501.201 and administrative

 3  rules adopted promulgated thereunder.

 4         Section 12.  Section 570.544, Florida Statutes, as

 5  amended by section 61 of chapter 2003-399, Laws of Florida, is

 6  amended to read:

 7         570.544  Division of Consumer Services; director;

 8  powers; processing of complaints; records.--

 9         (1)  The director of the Division of Consumer Services

10  shall be appointed by and serve at the pleasure of the

11  commissioner.

12         (2)  The Division of Consumer Services may:

13         (a)  Conduct studies and make analyses of matters

14  affecting the interests of consumers.

15         (b)  Study the operation of laws for consumer

16  protection.

17         (c)  Advise and make recommendations to the various

18  state agencies concerned with matters affecting consumers.

19         (d)  Assist, advise, and cooperate with local, state,

20  or federal agencies and officials in order to promote the

21  interests of consumers.

22         (e)  Make use of the testing and laboratory facilities

23  of the department for the detection of consumer fraud.

24         (f)  Report to the appropriate law enforcement officers

25  any information concerning violation of consumer protection

26  laws.

27         (g)  Assist, develop, and conduct programs of consumer

28  education and consumer information through publications and

29  other informational and educational material prepared for

30  dissemination to the public, in order to increase the

31  competence of consumers.

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 1         (h)  Organize and hold conferences on problems

 2  affecting consumers.

 3         (i)  Recommend programs to encourage business and

 4  industry to maintain high standards of honesty, fair business

 5  practices, and public responsibility in the production,

 6  promotion, and sale of consumer goods and services.

 7         (3)  In addition to the powers, duties, and

 8  responsibilities authorized by this or any other chapter, the

 9  Division of Consumer Services shall serve as a clearinghouse

10  for matters relating to consumer protection, consumer

11  information, and consumer services generally.

12         (a)  The division It shall receive complaints and

13  grievances from consumers and promptly transmit them to that

14  agency most directly concerned in order that the complaint or

15  grievance may be expeditiously handled in the best interests

16  of the complaining consumer.

17         (b)  If no agency exists to which the division may

18  transmit a complaint or grievance under paragraph (a), the

19  division of Consumer Services shall seek a settlement of the

20  complaint using formal or informal methods of mediation and

21  conciliation and may seek any other resolution of the matter

22  in accordance with its jurisdiction.

23         (4)  If any complaint received by the Division of

24  Consumer Services concerns matters which involve concurrent

25  jurisdiction in more than one agency, duplicate copies of the

26  complaint shall be referred to those offices deemed to have

27  concurrent jurisdiction.

28         (5)(a)  Any agency, office, bureau, division, or board

29  of state government receiving a complaint which deals with

30  consumer fraud or consumer protection and which is not within

31  the jurisdiction of the receiving agency, office, bureau,

                                  33

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 1  division, or board originally receiving it, shall immediately

 2  refer the complaint to the Division of Consumer Services.

 3         (b)  Upon receipt of such a complaint, the Division of

 4  Consumer Services shall make a determination of the proper

 5  jurisdiction to which the complaint relates and shall

 6  immediately refer the complaint to the agency, office, bureau,

 7  division, or board which does have the proper regulatory or

 8  enforcement authority to deal with it.

 9         (6)(a)  The office or agency to which a complaint has

10  been referred shall within 30 days acknowledge receipt of the

11  complaint and report on the disposition made of the complaint.

12  In the event a complaint has not been disposed of within 30

13  days, the receiving office or agency shall file progress

14  reports with the Division of Consumer Services no less

15  frequently than 30 days until final disposition.

16         (b)  The report shall contain at least the following

17  information:

18         1.  A finding of whether the receiving agency has

19  jurisdiction of the subject matter involved in the complaint.

20         2.  Whether the complaint is deemed to be frivolous,

21  sham, or without basis in fact or law.

22         3.  What action has been taken and a report on whether

23  the original complainant was satisfied with the final

24  disposition.

25         4.  Any recommendation regarding needed changes in law

26  or procedure which in the opinion of the reporting agency or

27  office will improve consumer protection in the area involved.

28         (7)(a)  If the office or agency receiving a complaint

29  fails to file a report as contemplated in this section, that

30  failure shall be construed as a denial by the receiving office

31  

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 1  or agency that it has jurisdiction of the subject matter

 2  contained in the complaint.

 3         (b)  If an office or agency receiving a complaint

 4  determines that the matter presents a prima facie case for

 5  criminal prosecution or if the complaint cannot be settled at

 6  the administrative level, the complaint together with all

 7  supporting evidence shall be transmitted to the Department of

 8  Legal Affairs or other appropriate enforcement agency with a

 9  recommendation for civil or criminal action warranted by the

10  evidence.

11         (8)  The records of the Division of Consumer Services

12  are public records.  However, customer lists, customer names,

13  and trade secrets are confidential and exempt from the

14  provisions of s. 119.07(1). Disclosure necessary to

15  enforcement procedures shall not be construed as violative of

16  this prohibition.

17         (9)  It shall be the duty of the Division of Consumer

18  Services to maintain records and compile summaries and

19  analyses of consumer complaints and their eventual

20  disposition, which data may serve as a basis for

21  recommendations to the Legislature and to state regulatory

22  agencies. This duty includes, but is not limited to, a duty to

23  make reports and offer recommendations to the Commissioner of

24  Agriculture for submission to the Legislature and to state

25  regulatory agencies concerning changes in laws or

26  administrative rules which the division determines may be

27  necessary or warranted based upon an analysis of complaints

28  reviewed under paragraph (3)(b).

29         Section 13.  Effective October 1, 2004, subsection (7)

30  of section 616.242, Florida Statutes, is amended to read:

31         616.242  Safety standards for amusement rides.--

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 1         (7)  DEPARTMENT INSPECTIONS.--

 2         (a)  In order to obtain an annual permit, an amusement

 3  ride must be inspected by the department in accordance with

 4  subsection (11) and receive an inspection certificate. In

 5  addition, each permanent amusement ride must be inspected

 6  semiannually by the department in accordance with subsection

 7  (11) and receive an inspection certificate and must receive an

 8  inspection certificate when it is relocated;, and each

 9  temporary amusement ride must be inspected by the department

10  in accordance with subsection (11), and must receive an

11  inspection certificate each time the ride is set up or moved

12  to a new location in this state unless the temporary amusement

13  ride is:

14         1.  Used at a private event;

15         2.  A simulator, the capacity of which does not exceed

16  16 persons; or

17         3.  A kiddie ride used at a public event, provided that

18  there are no more than three amusement rides at the event,

19  none of the kiddie rides at the event exceeds a capacity of 12

20  persons, and the ride has an inspection certificate that was

21  issued within the preceding 6 months. The capacity of a kiddie

22  ride shall be determined by rule of the department, unless the

23  capacity of the ride has been determined and specified by the

24  manufacturer. Any owner of a kiddie ride operating under this

25  exemption is responsible for ensuring that no more than three

26  amusement rides are operated at the event.

27         (b)  To obtain a department inspection for an amusement

28  ride, the owner must submit to the department on a form

29  prescribed by rule of the department a written Request for

30  Inspection. The owner must provide the following information

31  to the department:

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 1         1.  The legal name, address, and primary place of

 2  business of the owner, the requested inspection date, the date

 3  of first intended use or planned opening date, and the date of

 4  arrival on site.

 5         2.  A description, manufacturer's name, serial number,

 6  model number, and the United States Amusement Identification

 7  Number, if previously assigned, of the amusement ride.

 8         3.  For a temporary amusement ride, for each time the

 9  amusement ride is set up or moved to a new location, the

10  requested inspection date of first intended use at the new

11  location and the address or a description of the new location.

12         (c)  For permanent amusement rides, the request for

13  inspection must be received by the department at least 15 days

14  before the requested inspection owner's planned opening date

15  or at least 15 days before the expiration of the prior

16  inspection certificate.  If the request for inspection is

17  received less than 15 days before the requested inspection

18  owner's planned opening date or less than 15 days before the

19  expiration of the prior inspection certificate, the department

20  may nevertheless inspect the amusement ride and charge a late

21  fee, as set by rule of the department.

22         (d)  For temporary amusement rides, the request for

23  inspection must be received by the department for each time

24  the amusement ride is set up or moved to a new location at

25  least 14 days before the requested inspection date of first

26  intended use at the new location.  If the request for

27  inspection is received less than 14 days before the requested

28  inspection date of first intended use at the new location, the

29  department may nevertheless inspect the amusement ride and

30  charge a late fee, as set by rule of the department.

31  

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 1         (e)  Inspections will be assigned on a first come,

 2  first served basis, and overflow requests will be scheduled on

 3  the closest date to the date for which the inspection was

 4  requested.

 5         (f)  Upon failure of an amusement ride to pass any

 6  department inspection, the owner may request reinspection

 7  which shall be submitted in writing to the department on a

 8  form prescribed by rule of the department. The department

 9  shall reinspect the amusement ride as soon as practical

10  following receipt of the written request for reinspection and

11  any applicable reinspection fees set by rule of the

12  department. Inspections will be assigned on a first come,

13  first served basis, and the overflow requests will be

14  scheduled on the closest date to the date for which the

15  inspection was requested.

16         (g)  If the amusement ride passes inspection and the

17  owner pays the applicable fee set by rule of the department,

18  the department shall issue an inspection certificate on a form

19  prescribed by rule of the department.

20         (h)  The inspection certificate must contain the date

21  of inspection, the site of the inspection, and the name of the

22  inspector.

23         (i)  The inspection certificate is valid only for the

24  site stated on the inspection certificate. The inspection

25  certificate is valid for a period of not more than 6 months

26  from the date of issuance, and is not transferable.

27         (j)  The inspection certificate must be displayed on

28  the amusement ride at a place readily visible to patrons of

29  the amusement ride.

30         (k)  If the owner fails to timely cancel a Request for

31  Inspection, requests holiday or weekend inspections, or is

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 1  required to have a replacement USAID plate issued by the

 2  department, the owner may be charged an appropriate fee to be

 3  set by rule of the department.

 4         Section 14.  Effective October 1, 2004, section

 5  817.568, Florida Statutes, is amended to read:

 6         817.568  Criminal use of personal identification

 7  information.--

 8         (1)  As used in this section, the term:

 9         (a)  "Access device" means any card, plate, code,

10  account number, electronic serial number, mobile

11  identification number, personal identification number, or

12  other telecommunications service, equipment, or instrument

13  identifier, or other means of account access that can be used,

14  alone or in conjunction with another access device, to obtain

15  money, goods, services, or any other thing of value, or that

16  can be used to initiate a transfer of funds, other than a

17  transfer originated solely by paper instrument.

18         (b)  "Authorization" means empowerment, permission, or

19  competence to act.

20         (c)  "Harass" means to engage in conduct directed at a

21  specific person that is intended to cause substantial

22  emotional distress to such person and serves no legitimate

23  purpose. "Harass" does not mean to use personal identification

24  information for accepted commercial purposes. The term does

25  not include constitutionally protected conduct such as

26  organized protests or the use of personal identification

27  information for accepted commercial purposes.

28         (d)  "Individual" means a single human being, including

29  a deceased individual, and does not mean a firm, association

30  of individuals, corporation, partnership, joint venture, sole

31  proprietorship, or any other entity.

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 1         (e)  "Person" means a "person" as defined in s.

 2  1.01(3).

 3         (f)  "Personal identification information" means any

 4  name or number that may be used, alone or in conjunction with

 5  any other information, to identify a specific individual,

 6  including any:

 7         1.  Name, social security number, date of birth,

 8  official state-issued or United States-issued driver's license

 9  or identification number, alien registration number,

10  government passport number, employer or taxpayer

11  identification number, Medicaid or food stamp account number,

12  or bank account or credit card number;

13         2.  Unique biometric data, such as fingerprint, voice

14  print, retina or iris image, or other unique physical

15  representation;

16         3.  Unique electronic identification number, address,

17  or routing code; or

18         4.  Telecommunication identifying information or access

19  device.

20         (2)(a)  Any person who willfully and without

21  authorization fraudulently uses, or possesses with intent to

22  fraudulently use, personal identification information

23  concerning an individual without first obtaining the that

24  individual's consent of the individual or, if the individual

25  is deceased, the individual's estate, commits the offense of

26  fraudulent use of personal identification information, which

27  is a felony of the third degree, punishable as provided in s.

28  775.082, s. 775.083, or s. 775.084.

29         (b)  Any person who willfully and without authorization

30  fraudulently uses personal identification information

31  concerning an individual without first obtaining the that

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 1  individual's consent of the individual or, if the individual

 2  is deceased, the individual's estate commits a felony of the

 3  second degree, punishable as provided in s. 775.082, s.

 4  775.083, or s. 775.084, if the pecuniary benefit, the value of

 5  the services received, the payment sought to be avoided, or

 6  the amount of the injury or fraud perpetrated is $5,000 or

 7  more or if the person fraudulently uses the personal

 8  identification information of 10 or more individuals without

 9  their consent or, if deceased, the consent of their estates.

10  Notwithstanding any other provision of law, the court shall

11  sentence any person convicted of committing the offense

12  described in this paragraph to a mandatory minimum sentence of

13  3 years' imprisonment.

14         (c)  Any person who willfully and without authorization

15  fraudulently uses personal identification information

16  concerning an individual without first obtaining the that

17  individual's consent of the individual or, if deceased, the

18  individual's estate commits a felony of the first degree,

19  punishable as provided in s. 775.082, s. 775.083, or s.

20  775.084, if the  pecuniary benefit, the value of the services

21  received, the payment sought to be avoided, or the amount of

22  the injury or fraud perpetrated is $50,000 or more or if the

23  person fraudulently uses the personal identification

24  information of 20 or more individuals without their consent

25  or, if deceased, the consent of their estates. Notwithstanding

26  any other provision of law, the court shall sentence any

27  person convicted of committing the offense described in this

28  paragraph:

29         1.  To a mandatory minimum sentence of 5 years'

30  imprisonment.

31  

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 1         2.  To a mandatory minimum sentence of 10 years'

 2  imprisonment, if the pecuniary benefit, the value of the

 3  services received, the payment sought to be avoided, or the

 4  amount of the injury or fraud perpetrated is $100,000 or more

 5  or if the person fraudulently uses the personal identification

 6  information of 30 or more individuals without their consent

 7  or, if deceased, the consent of their estates.

 8         (3)  Neither paragraph (2)(b) nor paragraph (2)(c)

 9  prevents a court from imposing a greater sentence of

10  incarceration as authorized by law. If the minimum mandatory

11  terms of imprisonment imposed under paragraph (2)(b) or

12  paragraph (2)(c) exceed the maximum sentences authorized under

13  s. 775.082, s. 775.084, or the Criminal Punishment Code under

14  chapter 921, the mandatory minimum sentence must be imposed.

15  If the mandatory minimum terms of imprisonment under paragraph

16  (2)(b) or paragraph (2)(c) are less than the sentence that

17  could be imposed under s. 775.082, s. 775.084, or the Criminal

18  Punishment Code under chapter 921, the sentence imposed by the

19  court must include the mandatory minimum term of imprisonment

20  as required by paragraph (2)(b) or paragraph (2)(c).

21         (4)  Any person who willfully and without authorization

22  possesses, uses, or attempts to use personal identification

23  information concerning an individual without first obtaining

24  that individual's consent, and who does so for the purpose of

25  harassing that individual, commits the offense of harassment

26  by use of personal identification information, which is a

27  misdemeanor of the first degree, punishable as provided in s.

28  775.082 or s. 775.083.

29         (5)  If an offense prohibited under this section was

30  facilitated or furthered by the use of a public record, as

31  

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 1  defined in s. 119.011, the offense is reclassified to the next

 2  higher degree as follows:

 3         (a)  A misdemeanor of the first degree is reclassified

 4  as a felony of the third degree.

 5         (b)  A felony of the third degree is reclassified as a

 6  felony of the second degree.

 7         (c)  A felony of the second degree is reclassified as a

 8  felony of the first degree.

 9  

10  For purposes of sentencing under chapter 921 and incentive

11  gain-time eligibility under chapter 944, a felony offense that

12  is reclassified under this subsection is ranked one level

13  above the ranking under s. 921.0022 of the felony offense

14  committed, and a misdemeanor offense that is reclassified

15  under this subsection is ranked in level 2 of the offense

16  severity ranking chart in s. 921.0022.

17         (6)  Any person who willfully and without authorization

18  fraudulently uses personal identification information

19  concerning an individual who is less than 18 years of age

20  without first obtaining the consent of that individual or of

21  his or her legal guardian commits a felony of the second

22  degree, punishable as provided in s. 775.082, s. 775.083, or

23  s. 775.084.

24         (7)  Any person who is in the relationship of parent or

25  legal guardian, or who otherwise exercises custodial authority

26  over an individual who is less than 18 years of age, who

27  willfully and fraudulently uses personal identification

28  information of that individual commits a felony of the second

29  degree, punishable as provided in s. 775.082, s. 775.083, or

30  s. 775.084.

31  

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 1         (8)  This section does not prohibit any lawfully

 2  authorized investigative, protective, or intelligence activity

 3  of a law enforcement agency of this state or any of its

 4  political subdivisions, of any other state or its political

 5  subdivisions, or of the Federal Government or its political

 6  subdivisions.

 7         (9)(a)  In sentencing a defendant convicted of an

 8  offense under this section, the court may order that the

 9  defendant make restitution pursuant to s. 775.089 to any

10  victim of the offense.  In addition to the victim's

11  out-of-pocket costs, such restitution may include payment of

12  any other costs, including attorney's fees incurred by the

13  victim in clearing the victim's credit history or credit

14  rating, or any costs incurred in connection with any civil or

15  administrative proceeding to satisfy any debt, lien, or other

16  obligation of the victim arising as the result of the actions

17  of the defendant. For the purposes of this paragraph, the term

18  "victim" may include the estate of an individual.

19         (b)  The sentencing court may issue such orders as are

20  necessary to correct any public record that contains false

21  information given in violation of this section.

22         (10)  Prosecutions for violations of this section may

23  be brought on behalf of the state by any state attorney or by

24  the statewide prosecutor.

25         (11)  The Legislature finds that, in the absence of

26  evidence to the contrary, the location where a victim gives or

27  fails to give consent to the use of personal identification

28  information is the county where the victim generally resides

29  or, in a case in which the victim is the estate of a deceased

30  individual, where the deceased individual generally resided.

31  

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 1         (12)  Notwithstanding any other provision of law, venue

 2  for the prosecution and trial of violations of this section

 3  may be commenced and maintained in any county in which an

 4  element of the offense occurred, including the county where

 5  the victim generally resides or, in a case in which the victim

 6  is the estate of a deceased individual, where the deceased

 7  individual generally resided.

 8         (13)  A prosecution of an offense prohibited under

 9  subsection (2), subsection (6), or subsection (7) must be

10  commenced within 3 years after the offense occurred. However,

11  a prosecution may be commenced within 1 year after discovery

12  of the offense by an aggrieved party, or by a person who has a

13  legal duty to represent the aggrieved party and who is not a

14  party to the offense, if such prosecution is commenced within

15  5 years after the violation occurred.

16         Section 15.  Effective October 1, 2004, subsections

17  (1), (3), (4), and (5) of section 849.094, Florida Statutes,

18  are amended to read:

19         849.094  Game promotion in connection with sale of

20  consumer products or services.--

21         (1)  As used in this section, the term:

22         (a)  "Game promotion" means, but is not limited to, a

23  contest, game of chance, or gift enterprise, conducted within

24  or throughout the state and other states in connection with

25  the sale of consumer products or services, and in which the

26  elements of chance and prize are present. However, "game

27  promotion" shall not be construed to apply to bingo games

28  conducted pursuant to s. 849.0931.

29         (b)  "Operator" means any person, firm, corporation, or

30  association on whose behalf a game promotion is conducted or

31  agent or employee thereof who promotes, operates, or conducts

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 1  a game promotion, except any charitable nonprofit

 2  organization.

 3         (3)  The operator of a game promotion in which the

 4  total announced value of the prizes offered is greater than

 5  $5,000 shall file with the Department of Agriculture and

 6  Consumer Services a copy of the rules and regulations of the

 7  game promotion and a list of all prizes and prize categories

 8  offered at least 7 calendar days, excluding weekends and legal

 9  holidays, before the commencement of the game promotion.  Such

10  rules and regulations may not thereafter be changed, modified,

11  or altered.  The operator of a game promotion shall

12  conspicuously post the rules and regulations of such game

13  promotion in each and every retail outlet or place where such

14  game promotion may be played or participated in by the public

15  and shall also publish the rules and regulations in all

16  advertising copy used in connection therewith.  Radio and

17  television announcements may indicate that the rules and

18  regulations are available at retail outlets or from the

19  operator of the promotion. A nonrefundable filing fee of $150

20  $100 shall accompany each filing and shall be used to pay the

21  costs incurred in administering and enforcing the provisions

22  of this section.

23         (4)(a)  Every operator of such a game promotion in

24  which the total announced value of the prizes offered is

25  greater than $5,000 shall establish a trust account, in a

26  national or state-chartered financial institution, with a

27  balance sufficient to pay or purchase the total value of all

28  prizes offered. On a form supplied by the Department of

29  Agriculture and Consumer Services, an official of the

30  financial institution holding the trust account shall set

31  forth the dollar amount of the trust account, the identity of

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 1  the entity or individual establishing the trust account, and

 2  the name of the game promotion for which the trust account has

 3  been established.  Such form shall be filed with the

 4  Department of Agriculture and Consumer Services at least 7

 5  calendar days, excluding weekends and legal holidays, in

 6  advance of the commencement of the game promotion.  In lieu of

 7  establishing such trust account, the operator may obtain a

 8  surety bond in an amount equivalent to the total value of all

 9  prizes offered; and such bond shall be filed with the

10  Department of Agriculture and Consumer Services at least 7

11  calendar days, excluding weekends and legal holidays, in

12  advance of the commencement of the game promotion.

13         1.  The moneys held in the trust account may be

14  withdrawn in order to pay the prizes offered only upon

15  certification to the Department of Agriculture and Consumer

16  Services of the name of the winner or winners and the amount

17  of the prize or prizes and the value thereof.

18         2.  If the operator of a game promotion has obtained a

19  surety bond in lieu of establishing a trust account, the

20  amount of the surety bond shall equal at all times the total

21  amount of the prizes offered.

22         (b)  The Department of Agriculture and Consumer

23  Services may waive the provisions of this subsection for any

24  operator who has conducted game promotions in the state for

25  not less than 5 consecutive years and who has not had any

26  civil, criminal, or administrative action instituted against

27  him or her by the state or an agency of the state for

28  violation of this section within that 5-year period. Such

29  waiver may be revoked upon the commission of a violation of

30  this section by such operator, as determined by the Department

31  of Agriculture and Consumer Services.

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 1         (5)  Every operator of a game promotion in which the

 2  total announced value of the prizes offered is greater than

 3  $5,000 shall provide the Department of Agriculture and

 4  Consumer Services with a certified list of the names and

 5  addresses of all persons, whether from this state or from

 6  another state, who have won prizes which have a value of more

 7  than $100 $25, the value of such prizes, and the dates when

 8  the prizes were won within 60 calendar days after such winners

 9  have been finally determined. If there is not a winner, the

10  operator shall provide written notice to the department within

11  60 calendar days after such determination has been made. The

12  operator shall provide a copy of the list of winners, without

13  charge, to any person who requests it.  In lieu of the

14  foregoing, the operator of a game promotion may, at his or her

15  option, publish the same information about the winners in a

16  Florida newspaper of general circulation within 60 calendar

17  days after such winners have been determined and shall provide

18  to the Department of Agriculture and Consumer Services a

19  certified copy of the publication containing the information

20  about the winners.  The operator of a game promotion is not

21  required to notify a winner by mail or by telephone when the

22  winner is already in possession of a game card from which the

23  winner can determine that he or she has won a designated

24  prize.  All winning entries shall be held by the operator for

25  a period of 90 calendar days after the close or completion of

26  the game.

27         Section 16.  Effective October 1, 2004, for the purpose

28  of incorporating the amendment made by this act to section

29  817.568, Florida Statutes, in references thereto, paragraphs

30  (d), (e), (h), and (i) of subsection (3) of section 921.0022,

31  Florida Statutes, are reenacted to read:

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 1         921.0022  Criminal Punishment Code; offense severity

 2  ranking chart.--

 3         (3)  OFFENSE SEVERITY RANKING CHART

 4  

 5  Florida           Felony

 6  Statute           Degree             Description

 7  

 8    

 9                              (d)  LEVEL 4

10  316.1935(3)        2nd      Driving at high speed or with

11                              wanton disregard for safety while

12                              fleeing or attempting to elude

13                              law enforcement officer who is in

14                              a marked patrol vehicle with

15                              siren and lights activated.

16  499.0051(1)        3rd      Failure to maintain or deliver

17                              pedigree papers.

18  499.0051(2)        3rd      Failure to authenticate pedigree

19                              papers.

20  499.0051(6)        2nd      Sale or delivery, or possession

21                              with intent to sell, contraband

22                              legend drugs.

23  784.07(2)(b)       3rd      Battery of law enforcement

24                              officer, firefighter, intake

25                              officer, etc.

26  784.074(1)(c)      3rd      Battery of sexually violent

27                              predators facility staff.

28  784.075            3rd      Battery on detention or

29                              commitment facility staff.

30  

31  

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 1  784.078            3rd      Battery of facility employee by

 2                              throwing, tossing, or expelling

 3                              certain fluids or materials.

 4  784.08(2)(c)       3rd      Battery on a person 65 years of

 5                              age or older.

 6  784.081(3)         3rd      Battery on specified official or

 7                              employee.

 8  784.082(3)         3rd      Battery by detained person on

 9                              visitor or other detainee.

10  784.083(3)         3rd      Battery on code inspector.

11  784.085            3rd      Battery of child by throwing,

12                              tossing, projecting, or expelling

13                              certain fluids or materials.

14  787.03(1)          3rd      Interference with custody;

15                              wrongly takes child from

16                              appointed guardian.

17  787.04(2)          3rd      Take, entice, or remove child

18                              beyond state limits with criminal

19                              intent pending custody

20                              proceedings.

21  787.04(3)          3rd      Carrying child beyond state lines

22                              with criminal intent to avoid

23                              producing child at custody

24                              hearing or delivering to

25                              designated person.

26  790.115(1)         3rd      Exhibiting firearm or weapon

27                              within 1,000 feet of a school.

28  790.115(2)(b)      3rd      Possessing electric weapon or

29                              device, destructive device, or

30                              other weapon on school property.

31  

                                  50

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  790.115(2)(c)      3rd      Possessing firearm on school

 2                              property.

 3  800.04(7)(d)       3rd      Lewd or lascivious exhibition;

 4                              offender less than 18 years.

 5  810.02(4)(a)       3rd      Burglary, or attempted burglary,

 6                              of an unoccupied structure;

 7                              unarmed; no assault or battery.

 8  810.02(4)(b)       3rd      Burglary, or attempted burglary,

 9                              of an unoccupied conveyance;

10                              unarmed; no assault or battery.

11  810.06             3rd      Burglary; possession of tools.

12  810.08(2)(c)       3rd      Trespass on property, armed with

13                              firearm or dangerous weapon.

14  812.014(2)(c)3.    3rd      Grand theft, 3rd degree $10,000

15                              or more but less than $20,000.

16  812.014

17   (2)(c)4.-10.      3rd      Grand theft, 3rd degree, a will,

18                              firearm, motor vehicle,

19                              livestock, etc.

20  812.0195(2)        3rd      Dealing in stolen property by use

21                              of the Internet; property stolen

22                              $300 or more.

23  817.563(1)         3rd      Sell or deliver substance other

24                              than controlled substance agreed

25                              upon, excluding s. 893.03(5)

26                              drugs.

27  817.568(2)(a)      3rd      Fraudulent use of personal

28                              identification information.

29  817.625(2)(a)      3rd      Fraudulent use of scanning device

30                              or reencoder.

31  

                                  51

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  828.125(1)         2nd      Kill, maim, or cause great bodily

 2                              harm or permanent breeding

 3                              disability to any registered

 4                              horse or cattle.

 5  837.02(1)          3rd      Perjury in official proceedings.

 6  837.021(1)         3rd      Make contradictory statements in

 7                              official proceedings.

 8  838.022            3rd      Official misconduct.

 9  839.13(2)(a)       3rd      Falsifying records of an

10                              individual in the care and

11                              custody of a state agency.

12  839.13(2)(c)       3rd      Falsifying records of the

13                              Department of Children and Family

14                              Services.

15  843.021            3rd      Possession of a concealed

16                              handcuff key by a person in

17                              custody.

18  843.025            3rd      Deprive law enforcement,

19                              correctional, or correctional

20                              probation officer of means of

21                              protection or communication.

22  843.15(1)(a)       3rd      Failure to appear while on bail

23                              for felony (bond estreature or

24                              bond jumping).

25  874.05(1)          3rd      Encouraging or recruiting another

26                              to join a criminal street gang.

27  893.13(2)(a)1.     2nd      Purchase of cocaine (or other s.

28                              893.03(1)(a), (b), or (d),

29                              (2)(a), (2)(b), or (2)(c)4.

30                              drugs).

31  914.14(2)          3rd      Witnesses accepting bribes.

                                  52

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  914.22(1)          3rd      Force, threaten, etc., witness,

 2                              victim, or informant.

 3  914.23(2)          3rd      Retaliation against a witness,

 4                              victim, or informant, no bodily

 5                              injury.

 6  918.12             3rd      Tampering with jurors.

 7  934.215            3rd      Use of two-way communications

 8                              device to facilitate commission

 9                              of a crime.

10                              (e)  LEVEL 5

11  316.027(1)(a)      3rd      Accidents involving personal

12                              injuries, failure to stop;

13                              leaving scene.

14  316.1935(4)        2nd      Aggravated fleeing or eluding.

15  322.34(6)          3rd      Careless operation of motor

16                              vehicle with suspended license,

17                              resulting in death or serious

18                              bodily injury.

19  327.30(5)          3rd      Vessel accidents involving

20                              personal injury; leaving scene.

21  381.0041

22   (11)(b)           3rd      Donate blood, plasma, or organs

23                              knowing HIV positive.

24  440.10(1)(g)       2nd      Failure to obtain workers'

25                              compensation coverage.

26  440.105(5)         2nd      Unlawful solicitation for the

27                              purpose of making workers'

28                              compensation claims.

29  

30  

31  

                                  53

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  440.381(2)         2nd      Submission of false, misleading,

 2                              or incomplete information with

 3                              the purpose of avoiding or

 4                              reducing workers' compensation

 5                              premiums.

 6  624.401(4)(b)2.    2nd      Transacting insurance without a

 7                              certificate or authority; premium

 8                              collected $20,000 or more but

 9                              less than $100,000.

10  626.902(1)(c)      2nd      Representing an unauthorized

11                              insurer; repeat offender.

12  790.01(2)          3rd      Carrying a concealed firearm.

13  790.162            2nd      Threat to throw or discharge

14                              destructive device.

15  790.163(1)         2nd      False report of deadly explosive

16                              or weapon of mass destruction.

17  790.221(1)         2nd      Possession of short-barreled

18                              shotgun or machine gun.

19  790.23             2nd      Felons in possession of firearms

20                              or electronic weapons or devices.

21  800.04(6)(c)       3rd      Lewd or lascivious conduct;

22                              offender less than 18 years.

23  800.04(7)(c)       2nd      Lewd or lascivious exhibition;

24                              offender 18 years or older.

25  806.111(1)         3rd      Possess, manufacture, or dispense

26                              fire bomb with intent to damage

27                              any structure or property.

28  812.0145(2)(b)     2nd      Theft from person 65 years of age

29                              or older; $10,000 or more but

30                              less than $50,000.

31  

                                  54

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  812.015(8)         3rd      Retail theft; property stolen is

 2                              valued at $300 or more and one or

 3                              more specified acts.

 4  812.019(1)         2nd      Stolen property; dealing in or

 5                              trafficking in.

 6  812.131(2)(b)      3rd      Robbery by sudden snatching.

 7  812.16(2)          3rd      Owning, operating, or conducting

 8                              a chop shop.

 9  817.034(4)(a)2.    2nd      Communications fraud, value

10                              $20,000 to $50,000.

11  817.234(11)(b)     2nd      Insurance fraud; property value

12                              $20,000 or more but less than

13                              $100,000.

14  817.2341(1),

15   (2)(a)&(3)(a)     3rd      Filing false financial

16                              statements, making false entries

17                              of material fact or false

18                              statements regarding property

19                              values relating to the solvency

20                              of an insuring entity.

21  817.568(2)(b)      2nd      Fraudulent use of personal

22                              identification information; value

23                              of benefit, services received,

24                              payment avoided, or amount of

25                              injury or fraud, $5,000 or more

26                              or use of personal identification

27                              information of 10 or more

28                              individuals.

29  817.625(2)(b)      2nd      Second or subsequent fraudulent

30                              use of scanning device or

31                              reencoder.

                                  55

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  825.1025(4)        3rd      Lewd or lascivious exhibition in

 2                              the presence of an elderly person

 3                              or disabled adult.

 4  827.071(4)         2nd      Possess with intent to promote

 5                              any photographic material, motion

 6                              picture, etc., which includes

 7                              sexual conduct by a child.

 8  839.13(2)(b)       2nd      Falsifying records of an

 9                              individual in the care and

10                              custody of a state agency

11                              involving great bodily harm or

12                              death.

13  843.01             3rd      Resist officer with violence to

14                              person; resist arrest with

15                              violence.

16  874.05(2)          2nd      Encouraging or recruiting another

17                              to join a criminal street gang;

18                              second or subsequent offense.

19  893.13(1)(a)1.     2nd      Sell, manufacture, or deliver

20                              cocaine (or other s.

21                              893.03(1)(a), (1)(b), (1)(d),

22                              (2)(a), (2)(b), or (2)(c)4.

23                              drugs).

24  

25  

26  

27  

28  

29  

30  

31  

                                  56

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  893.13(1)(c)2.     2nd      Sell, manufacture, or deliver

 2                              cannabis (or other s.

 3                              893.03(1)(c), (2)(c)1., (2)(c)2.,

 4                              (2)(c)3., (2)(c)5., (2)(c)6.,

 5                              (2)(c)7., (2)(c)8., (2)(c)9.,

 6                              (3), or (4) drugs) within 1,000

 7                              feet of a child care facility,

 8                              school, or state, county, or

 9                              municipal park or publicly owned

10                              recreational facility or

11                              community center.

12  893.13(1)(d)1.     1st      Sell, manufacture, or deliver

13                              cocaine (or other s.

14                              893.03(1)(a), (1)(b), (1)(d),

15                              (2)(a), (2)(b), or (2)(c)4.

16                              drugs) within 1,000 feet of

17                              university.

18  893.13(1)(e)2.     2nd      Sell, manufacture, or deliver

19                              cannabis or other drug prohibited

20                              under s. 893.03(1)(c), (2)(c)1.,

21                              (2)(c)2., (2)(c)3., (2)(c)5.,

22                              (2)(c)6., (2)(c)7., (2)(c)8.,

23                              (2)(c)9., (3), or (4) within

24                              1,000 feet of property used for

25                              religious services or a specified

26                              business site.

27  

28  

29  

30  

31  

                                  57

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  893.13(1)(f)1.     1st      Sell, manufacture, or deliver

 2                              cocaine (or other s.

 3                              893.03(1)(a), (1)(b), (1)(d), or

 4                              (2)(a), (2)(b), or (2)(c)4.

 5                              drugs) within 1,000 feet of

 6                              public housing facility.

 7  893.13(4)(b)       2nd      Deliver to minor cannabis (or

 8                              other s. 893.03(1)(c), (2)(c)1.,

 9                              (2)(c)2., (2)(c)3., (2)(c)5.,

10                              (2)(c)6., (2)(c)7., (2)(c)8.,

11                              (2)(c)9., (3), or (4) drugs).

12                              (h)  LEVEL 8

13  316.193

14   (3)(c)3.a.        2nd      DUI manslaughter.

15  327.35(3)(c)3.     2nd      Vessel BUI manslaughter.

16  499.0051(7)        1st      Forgery of prescription or legend

17                              drug labels.

18  499.0052           1st      Trafficking in contraband legend

19                              drugs.

20  560.123(8)(b)2.    2nd      Failure to report currency or

21                              payment instruments totaling or

22                              exceeding $20,000, but less than

23                              $100,000 by money transmitter.

24  560.125(5)(b)      2nd      Money transmitter business by

25                              unauthorized person, currency or

26                              payment instruments totaling or

27                              exceeding $20,000, but less than

28                              $100,000.

29  

30  

31  

                                  58

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  655.50(10)(b)2.    2nd      Failure to report financial

 2                              transactions totaling or

 3                              exceeding $20,000, but less than

 4                              $100,000 by financial

 5                              institutions.

 6  777.03(2)(a)       1st      Accessory after the fact, capital

 7                              felony.

 8  782.04(4)          2nd      Killing of human without design

 9                              when engaged in act or attempt of

10                              any felony other than arson,

11                              sexual battery, robbery,

12                              burglary, kidnapping, aircraft

13                              piracy, or unlawfully discharging

14                              bomb.

15  782.051(2)         1st      Attempted felony murder while

16                              perpetrating or attempting to

17                              perpetrate a felony not

18                              enumerated in s. 782.04(3).

19  782.071(1)(b)      1st      Committing vehicular homicide and

20                              failing to render aid or give

21                              information.

22  782.072(2)         1st      Committing vessel homicide and

23                              failing to render aid or give

24                              information.

25  790.161(3)         1st      Discharging a destructive device

26                              which results in bodily harm or

27                              property damage.

28  794.011(5)         2nd      Sexual battery, victim 12 years

29                              or over, offender does not use

30                              physical force likely to cause

31                              serious injury.

                                  59

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  800.04(4)          2nd      Lewd or lascivious battery.

 2  806.01(1)          1st      Maliciously damage dwelling or

 3                              structure by fire or explosive,

 4                              believing person in structure.

 5  810.02(2)(a)       1st,PBL  Burglary with assault or battery.

 6  810.02(2)(b)       1st,PBL  Burglary; armed with explosives

 7                              or dangerous weapon.

 8  810.02(2)(c)       1st      Burglary of a dwelling or

 9                              structure causing structural

10                              damage or $1,000 or more property

11                              damage.

12  812.13(2)(b)       1st      Robbery with a weapon.

13  812.135(2)         1st      Home-invasion robbery.

14  817.568(6)         2nd      Fraudulent use of personal

15                              identification information of an

16                              individual under the age of 18.

17  825.102(2)         2nd      Aggravated abuse of an elderly

18                              person or disabled adult.

19  825.1025(2)        2nd      Lewd or lascivious battery upon

20                              an elderly person or disabled

21                              adult.

22  825.103(2)(a)      1st      Exploiting an elderly person or

23                              disabled adult and property is

24                              valued at $100,000 or more.

25  837.02(2)          2nd      Perjury in official proceedings

26                              relating to prosecution of a

27                              capital felony.

28  837.021(2)         2nd      Making contradictory statements

29                              in official proceedings relating

30                              to prosecution of a capital

31                              felony.

                                  60

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  860.121(2)(c)      1st      Shooting at or throwing any

 2                              object in path of railroad

 3                              vehicle resulting in great bodily

 4                              harm.

 5  860.16             1st      Aircraft piracy.

 6  893.13(1)(b)       1st      Sell or deliver in excess of 10

 7                              grams of any substance specified

 8                              in s. 893.03(1)(a) or (b).

 9  893.13(2)(b)       1st      Purchase in excess of 10 grams of

10                              any substance specified in s.

11                              893.03(1)(a) or (b).

12  893.13(6)(c)       1st      Possess in excess of 10 grams of

13                              any substance specified in s.

14                              893.03(1)(a) or (b).

15  893.135(1)(a)2.    1st      Trafficking in cannabis, more

16                              than 2,000 lbs., less than 10,000

17                              lbs.

18  893.135

19   (1)(b)1.b.        1st      Trafficking in cocaine, more than

20                              200 grams, less than 400 grams.

21  893.135

22   (1)(c)1.b.        1st      Trafficking in illegal drugs,

23                              more than 14 grams, less than 28

24                              grams.

25  893.135

26   (1)(d)1.b.        1st      Trafficking in phencyclidine,

27                              more than 200 grams, less than

28                              400 grams.

29  

30  

31  

                                  61

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  893.135

 2   (1)(e)1.b.        1st      Trafficking in methaqualone, more

 3                              than 5 kilograms, less than 25

 4                              kilograms.

 5  893.135

 6   (1)(f)1.b.        1st      Trafficking in amphetamine, more

 7                              than 28 grams, less than 200

 8                              grams.

 9  893.135

10   (1)(g)1.b.        1st      Trafficking in flunitrazepam, 14

11                              grams or more, less than 28

12                              grams.

13  893.135

14   (1)(h)1.b.        1st      Trafficking in

15                              gamma-hydroxybutyric acid (GHB),

16                              5 kilograms or more, less than 10

17                              kilograms.

18  893.135

19   (1)(j)1.b.        1st      Trafficking in 1,4-Butanediol, 5

20                              kilograms or more, less than 10

21                              kilograms.

22  893.135

23   (1)(k)2.b.        1st      Trafficking in Phenethylamines,

24                              200 grams or more, less than 400

25                              grams.

26  895.03(1)          1st      Use or invest proceeds derived

27                              from pattern of racketeering

28                              activity.

29  

30  

31  

                                  62

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  895.03(2)          1st      Acquire or maintain through

 2                              racketeering activity any

 3                              interest in or control of any

 4                              enterprise or real property.

 5  895.03(3)          1st      Conduct or participate in any

 6                              enterprise through pattern of

 7                              racketeering activity.

 8  896.101(5)(b)      2nd      Money laundering, financial

 9                              transactions totaling or

10                              exceeding $20,000, but less than

11                              $100,000.

12  896.104(4)(a)2.    2nd      Structuring transactions to evade

13                              reporting or registration

14                              requirements, financial

15                              transactions totaling or

16                              exceeding $20,000 but less than

17                              $100,000.

18                              (i)  LEVEL 9

19  316.193

20   (3)(c)3.b.        1st      DUI manslaughter; failing to

21                              render aid or give information.

22  327.35(3)(c)3.b.   1st      BUI manslaughter; failing to

23                              render aid or give information.

24  499.0053           1st      Sale or purchase of contraband

25                              legend drugs resulting in great

26                              bodily harm.

27  560.123(8)(b)3.    1st      Failure to report currency or

28                              payment instruments totaling or

29                              exceeding $100,000 by money

30                              transmitter.

31  

                                  63

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  560.125(5)(c)      1st      Money transmitter business by

 2                              unauthorized person, currency, or

 3                              payment instruments totaling or

 4                              exceeding $100,000.

 5  655.50(10)(b)3.    1st      Failure to report financial

 6                              transactions totaling or

 7                              exceeding $100,000 by financial

 8                              institution.

 9  775.0844           1st      Aggravated white collar crime.

10  782.04(1)          1st      Attempt, conspire, or solicit to

11                              commit premeditated murder.

12  782.04(3)          1st,PBL   Accomplice to murder in

13                              connection with arson, sexual

14                              battery, robbery, burglary, and

15                              other specified felonies.

16  782.051(1)         1st      Attempted felony murder while

17                              perpetrating or attempting to

18                              perpetrate a felony enumerated in

19                              s. 782.04(3).

20  782.07(2)          1st      Aggravated manslaughter of an

21                              elderly person or disabled adult.

22  787.01(1)(a)1.     1st,PBL  Kidnapping; hold for ransom or

23                              reward or as a shield or hostage.

24  787.01(1)(a)2.     1st,PBL  Kidnapping with intent to commit

25                              or facilitate commission of any

26                              felony.

27  787.01(1)(a)4.     1st,PBL  Kidnapping with intent to

28                              interfere with performance of any

29                              governmental or political

30                              function.

31  

                                  64

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  787.02(3)(a)       1st      False imprisonment; child under

 2                              age 13; perpetrator also commits

 3                              aggravated child abuse, sexual

 4                              battery, or lewd or lascivious

 5                              battery, molestation, conduct, or

 6                              exhibition.

 7  790.161            1st      Attempted capital destructive

 8                              device offense.

 9  790.166(2)         1st,PBL  Possessing, selling, using, or

10                              attempting to use a weapon of

11                              mass destruction.

12  794.011(2)         1st      Attempted sexual battery; victim

13                              less than 12 years of age.

14  794.011(2)         Life     Sexual battery; offender younger

15                              than 18 years and commits sexual

16                              battery on a person less than 12

17                              years.

18  794.011(4)         1st      Sexual battery; victim 12 years

19                              or older, certain circumstances.

20  794.011(8)(b)      1st      Sexual battery; engage in sexual

21                              conduct with minor 12 to 18 years

22                              by person in familial or

23                              custodial authority.

24  800.04(5)(b)       1st      Lewd or lascivious molestation;

25                              victim less than 12 years;

26                              offender 18 years or older.

27  812.13(2)(a)       1st,PBL  Robbery with firearm or other

28                              deadly weapon.

29  812.133(2)(a)      1st,PBL  Carjacking; firearm or other

30                              deadly weapon.

31  

                                  65

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  817.568(7)         2nd,PBL  Fraudulent use of personal

 2                              identification information of an

 3                              individual under the age of 18 by

 4                              his or her parent, legal

 5                              guardian, or person exercising

 6                              custodial authority.

 7  827.03(2)          1st      Aggravated child abuse.

 8  847.0145(1)        1st      Selling, or otherwise

 9                              transferring custody or control,

10                              of a minor.

11  847.0145(2)        1st      Purchasing, or otherwise

12                              obtaining custody or control, of

13                              a minor.

14  859.01             1st      Poisoning or introducing

15                              bacteria, radioactive materials,

16                              viruses, or chemical compounds

17                              into food, drink, medicine, or

18                              water with intent to kill or

19                              injure another person.

20  893.135            1st      Attempted capital trafficking

21                              offense.

22  893.135(1)(a)3.    1st      Trafficking in cannabis, more

23                              than 10,000 lbs.

24  893.135

25   (1)(b)1.c.        1st      Trafficking in cocaine, more than

26                              400 grams, less than 150

27                              kilograms.

28  893.135

29   (1)(c)1.c.        1st      Trafficking in illegal drugs,

30                              more than 28 grams, less than 30

31                              kilograms.

                                  66

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    Florida Senate - 2004                           CS for SB 1314
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 1  893.135

 2   (1)(d)1.c.        1st      Trafficking in phencyclidine,

 3                              more than 400 grams.

 4  893.135

 5   (1)(e)1.c.        1st      Trafficking in methaqualone, more

 6                              than 25 kilograms.

 7  893.135

 8   (1)(f)1.c.        1st      Trafficking in amphetamine, more

 9                              than 200 grams.

10  893.135

11   (1)(h)1.c.        1st      Trafficking in

12                              gamma-hydroxybutyric acid (GHB),

13                              10 kilograms or more.

14  893.135

15   (1)(j)1.c.        1st      Trafficking in 1,4-Butanediol, 10

16                              kilograms or more.

17  893.135

18   (1)(k)2.c.        1st      Trafficking in Phenethylamines,

19                              400 grams or more.

20  896.101(5)(c)      1st      Money laundering, financial

21                              instruments totaling or exceeding

22                              $100,000.

23  896.104(4)(a)3.    1st      Structuring transactions to evade

24                              reporting or registration

25                              requirements, financial

26                              transactions totaling or

27                              exceeding $100,000.

28         Section 17.  Health-related discount cards; regulation

29  of sellers; penalty.--

30         (1)  A person may not sell, market, promote, advertise,

31  or distribute a card or other purchasing mechanism or device

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1  that is not insurance and that purports to offer discounts or

 2  access to discounts from a health care provider for

 3  health-related purchases or from a pharmacy for purchases of

 4  prescription drugs, unless:

 5         (a)  The person registers annually with the Department

 6  of Financial Services for this express purpose;

 7         (b)  The card or other purchasing mechanism or device

 8  expressly states in bold and prominent type, prominently

 9  placed, that the discounts are not insurance;

10         (c)  The person provides documentation to the

11  Department of Financial Services that the discounts are

12  specifically authorized and the person has a separate contract

13  with each health care provider, health provider network,

14  pharmacy, or pharmacy chain listed in conjunction with the

15  card or other purchasing mechanism or device; and

16         (d)  The discounts or access to discounts offered, or

17  the range of discounts or access to the range of discounts

18  offered, are not misleading, deceptive, or fraudulent.

19  

20  The registration fee under paragraph (a) is $50 per year per

21  registrant. All amounts collected shall be deposited in the

22  General Revenue Fund.

23         (2)(a)  A person who sells, markets, promotes,

24  advertises, or distributes a card or other purchasing

25  mechanism or device that is not insurance and that purports to

26  offer discounts or access to discounts from a health care

27  provider for health-related purchases or from a pharmacy for

28  purchases of prescription drugs in this state must designate a

29  resident of this state as an agent for service of process and

30  register the agent with the Secretary of State.

31  

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1         (b)  In the absence of proper registration under

 2  paragraph (a), the Secretary of State is designated as an

 3  agent upon whom process may be served. Service of process on

 4  the Secretary of State may be made by delivering to and

 5  leaving with the Secretary of State, or with any person

 6  designated by him or her to receive such service, duplicate

 7  copies of the process, notice, or demand. The Secretary of

 8  State shall forward one of the copies by registered or

 9  certified mail, return receipt requested, to the person

10  required to register under paragraph (a) at the last physical

11  address known to the party serving process. Refusal to sign

12  the return receipt does not affect the validity of the

13  service. Service is effective under this subsection as of the

14  date shown on the return receipt or 5 days after its deposit

15  in the mail, whichever is earlier. The Secretary of State may

16  charge a fee of $10 for the service. This subsection does not

17  affect the right to serve process in any manner otherwise

18  provided by law.

19         (3)  Except as provided in subsection (4), a person who

20  violates this section commits a misdemeanor of the first

21  degree, punishable as provided in section 775.082 or section

22  775.083, Florida Statutes.

23         (4)  A person who violates this section and who has

24  been previously convicted of or adjudicated delinquent for any

25  violation of this section two or more times commits a felony

26  of the third degree, punishable as provided in section

27  775.082, section 775.083, or section 775.084, Florida

28  Statutes.

29         (5)  Notwithstanding subsection (3) or subsection (4),

30  a person who violates this section is subject to all remedies

31  available by law.

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1         (6)  The Department of Financial Services may adopt

 2  rules to administer this section, including rules governing

 3  the procedures and forms to register with the department and

 4  provide the documentation required under subsection (1).

 5         (7)  This section is effective October 1, 2004.

 6         Section 18.  For the 2004-2005 fiscal year, the sum of

 7  $100,000 is appropriated from the General Inspection Trust

 8  Fund to the Department of Agriculture and Consumer Services

 9  for the purpose of providing financial assistance for

10  individuals to undertake technical training or courses of

11  study in motor vehicle repair as provided in section 559.922,

12  Florida Statutes.

13         Section 19.  For the 2004-2005 fiscal year, the sum of

14  $100,000 is appropriated from the General Revenue Fund to the

15  Department of Agriculture and Consumer Services to implement

16  the consumer education pilot program, as created by this act.

17         Section 20.  (1)  For fiscal year 2004-2005, the sum of

18  $255,391 from the General Revenue Fund and seven

19  full-time-equivalent positions are appropriated to the

20  Department of Agriculture and Consumer Services for the

21  purpose of mediating complaints in nonregulated areas under

22  section 570.544, Florida Statutes.

23         (2)  For the 2004-2005 fiscal year, the sum of $100,000

24  is appropriated from the General Revenue Fund to the

25  Department of Agriculture and Consumer Services to market to

26  the public the services provided by the department's Division

27  of Consumer Services under section 570.544, Florida Statutes,

28  including, but not limited to, the division's mediation of

29  complaints in nonregulated areas.

30         Section 21.  Except as otherwise expressly provided in

31  this act, this act shall take effect July 1, 2004.

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    Florida Senate - 2004                           CS for SB 1314
    310-2281-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1314

 3                                 

 4  The committee substitute differs from the original bill by:
    (1) adding a consumer education pilot program and a
 5  corresponding appropriation to be administered by the
    Department of Agriculture and Consumer Services to better
 6  educate secondary and postsecondary students on consumer
    issues; (2) requiring the department to issue a report to the
 7  Governor and the Legislature regarding the continued viability
    of the state's "no sales solicitation calls" listing; (3)
 8  providing a business the option to subscribe a business
    telephone number to the state's "no sales solicitation calls"
 9  listing; (4) authorizing increased administrative fines and
    civil penalties for violations against senior citizens and
10  handicapped persons of the ballroom dance studio law, the
    pawnbroking law, and the motor vehicle repair law; (5)
11  providing an appropriation to an authorized department program
    to provide assistance to motor vehicle repair shop employees
12  wishing to take courses in motor vehicle repair; (6)
    clarifying when the department may assist consumers with
13  complaints against unregulated entities and providing an
    appropriation to fund seven full-time-equivalent positions in
14  the department for assisting consumers who have complaints
    against unregulated entities; (7) providing an appropriation
15  for the department to market its consumer-assistance services
    to the public; (8) creating the crime of identity theft
16  against a deceased person by revising the definition of
    "individual" under the identify theft law to include a
17  deceased person and establishing penalties; and (9) requiring
    the registration of health-related discount card providers
18  with the Department of Financial Services before a provider
    may conduct business and providing penalties for failure to
19  register or for defrauding consumers.

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  71

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